At the kitchen table, in the bedroom, without a keyboard or external monitor: Many employees who switched from the office to working from home during the COVID-19 pandemic felt as if they were in an improvisational theater.
What began as a necessity has now become indispensable. A large proportion of office workers want to continue working remotely even after the pandemic, according to a recent survey by IG Metall. It’s high time to ensure good working conditions whether working from home or wherever the work is performed.
Currently, many legal issues remain unresolved, such as insurance coverage. Furthermore, employees are footing the bill: they’re purchasing monitors and upgrading their internet bandwidth. Only a very small number of employers are contributing to these costs. The Mobile Work Act, which Labor Minister Hubertus Heil (SPD) intends to introduce, must address these issues.
What matters to us when it comes to working from home and mobile work:
The Right to Mobile Work
Anyone who wants to work from home or remotely should be allowed to do so. IG Metall is calling for a right to mobile work—provided the job is suitable for it. Only if that is not the case should the employer be able to deny the request. The employer must justify the denial. The details—that is, what exactly are the requirements for mobile work?—can be regulated by collective bargaining agreements or company agreements.
Voluntary Participation
Remote work must be voluntary. Regardless of whether employees exercise this right or not, they must not suffer any disadvantages as a result.
Insurance Coverage
Protection under statutory accident insurance must be ensured for remote work. Currently, there are no regulations in place regarding this.
Working Hours
Employers must track and document the hours worked. Currently, many employees work longer hours at home than their employment contracts stipulate.
Breaks
The Working Hours Act also applies to work-from-home arrangements. Employers may shorten rest periods only within the limits set by law. Overtime must be compensated with time off.
Right to Be Unreachable
Mobile work must not lead to constant availability. Outside of agreed-upon working hours, employees have the right to disconnect. The works council has the right to participate in decisions regarding working hours.
Occupational Safety
Rules regarding occupational safety and health often apply only to the office, not to remote work. However, the necessary training on these topics must also be provided for remote work.
Employers Must Cover Costs
External monitor, keyboard, headset: Employers must pay for the necessary equipment for working from home. They should at least be required to contribute to the costs of an office chair or desk. The federal government should also review the tax rules: Currently, employees can only claim a fully equipped home office as a tax deduction. A work corner in the living room is not tax-deductible.
Employment Contract
The remaining terms of the employment contract continue to apply to remote work.
Company-wide meetings and discussions
Even those who work remotely must have the right to participate in company-wide and departmental meetings.
Co-determination
Works councils and staff councils need an enforceable right to co-determination when it comes to the place of work. The same applies to promoting work-life balance.
Right of Access for Unions
Unions must also be able to reach employees working from home. To do so, they need digital rights, such as the ability to use the intranet or company email addresses to make contact and share information.
What we’ve already achieved:
In 2018, IG Metall concluded a collective bargaining agreement on mobile work. Since then, the metal and electrical industries have had a reliable framework for ensuring good working conditions when working from home or on the go.
In addition, IG Metall works councils have concluded company agreements on mobile work at many companies, such as Bosch, Daimler, and BMW.
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